Roinn Cosanta Bureau of Military History, 1913-21
Total Page：16
File Type：pdf, Size：1020Kb
ROINN COSANTA BUREAU OF MILITARY HISTORY, 1913-21. STATEMENT BY WITNESS. DOCUMENT NO. .S 993 Witness Mr. Justice Gahir Davitt, Dungriffan, 2 Sidney Parade Ave., Dublin. Identity. Circuit Judge, 1920 Republican Courts, -; President of the High Court, 1951 Subject. (a) National affairs, 1906-1923. (b) Republican Courts, Dail Eireann, 1920-1921. Conditions, if any, Stipulated by Witness. Nil File No. S.1637 FormB.S.M.2 THE DAIL COURTS Statement by Mr. Justice Cahir Davitt, Dungriffan, 2 Sidney Parade Avenue, Dublin. PROLOGUE Part 1. Colonel Joyce has suggested that I should, by way of introduction to my memorandum on the Dáil Courts, try to give some idea of my background and environment, with some reference to politics, during the years preceding my acceptance of a Judgeship in 1920. What follows is an attempt to do so. I was; nearly twelve years old when my father, Michael Davitt, died in 1906. we four children then ranged in ages from seven to sixteen. I cannot recall that be ever talked politics to any of us or that he ever consciously tried to inculcate any particular political principles. We grew up, however, in a distinctly national and separatist atmosphere. We were aware in a general way of the main political events in his life; such knowledge being acquired doubtlessly from my mother. At school with the Christian Brothers I learned a certain amount of Irish history and I read a good deal more on my own account. As I grew up my reading included A.M. Sullivan's Story of Ireland, and my father's Fall of Feudalism, as well as Barry O'Brien's Life of Parnell, and by the time I went on to the university, I had a fair idea of Irish history in a general way. 2. I entered University College, Dublin, in October 1911, at the age of seventeen. My elder brother, Michael, (died 1928) had then completed his fourth year at the College and had taken and was still taking a prominent part in most of its activities. He was studying Medicine. My sister, Eileen, was also at the College studying Modern Languages. I came in with a scholarship in science and mathematics, but had no idea as to what calling in life I was going to follow. I commenced a course in Arts. Had I been asked to describe my ambitions, I suppose I would have said that I wanted to do as well as I could in my academic career, without too much study, and at the same time, to make the most of my time at the College in all other respects as well. I am sure I took no undue interest in politics. I was, however, quite aware of the favourable position, with regard to Home Rule, in which the second general election of 1910 had placed the Irish Parliamentary Party, and of the significance of the Parliament Act of 1911 restricting the Veto of the House of Lords. My political convictions included a firm belief that Ireland was a nation justly entitled to complete independence and separation from England; that in proper circumstances she was morally justified in using physical force to secure these ends; that, in the circumstances then existing, there was no possibility of securing them by force; and that therefore the only sensible course was to pursue a policy of constitutional agitation for self-government. This, to my mind, meant giving full and loyal support to John Redmond and the Irish Party in their endeavour to achieve Home Rule. These views owed little, if anything, to any attempt at independent thought. They had just been absorbed from my environment. 3. I do not suppose that politics entered very much into the conversation of first year students; but my impression is that these were the opinions generally held by those with whom I came in contact. There were some "Imperial Home Rulers" who believed that independence and separation, were they capable of achievement, would not be in Ireland's best interests. I think these were very much in the minority. The College Magazine was the National Student, which had been founded the previous year, in 1910. Its tone was professedly national and not merely nationalist. The latter word at that period, to many at least, connoted allegiance to the United Irish League and not much more. The magazine expressed the view that the true policy for a National University lay in consciously realising to the fullest extent the potentialities of nationhood, and in endeavouring to send forth from the University men of liberal education, of broad views, and of enlightened judgment, who would help to create and maintain a distinctively Irish culture. The general tone of the paper did, I believe, in its serious aspects truly represent the views of the student body as a whole. The introduction of the third Home Rule Bill in 1912 stimulated the interest of all students in political matters, and the organisation of the Ulster Unionist opposition and the course of the struggle inside and outside the House of Commons were naturally followed with great interest. The handling of the situation by Asquith and Redmond on the one hand and by Carson and his adherents on the other came in for much discussion and criticism. There was, however, great and genuine enthusiasm for Redmond and his party in their efforts to secure a worth-while National Legislature. In the great Home Rule demonstration held in O'Connell St., Dublin, 4. on March 31st, 1912, there was a University platform at the O'Connell monument, the speakers; on which were all drawn from University College, Dublin, professors and students; being both well represented. Round it were thronged hundreds of students amidst thousands of the general public. Excepting the crowds which attended the ceremonies of the Dublin Eucharistic Congress of 1932, the mass of people who attended this demonstration was the largest I have ever seen. The whole of the broad thoroughfare was tightly packed with humanity from "Findlater's" Church down to the south end of O'Connell Bridge. The great Dublin strike and lockout of 1913 did not, I am afraid, stir my social conscience to any great extent, and I imagine I was typical enough of the students generally. I find my attitude not easy to understand now, having regard to my father's sympathy and association with Labour interests generally. I suppose I was too much preoccupied with my own interests and amusements to be much concerned with the troubles of others. There was, moreover, much talk of Syndicalism and some hints of Communism. Considerable hostility had been engendered against Larkin and the Transport Union by the attempt to ship to England some children of the men on strike with a view to sparing them the hardships which their families had to suffer. All students were not, however, as uninterested as I. The National Student observed editorially that "No one could live in Dublin during the strike or lockout and not be provoked to examine his social values and perhaps to make new ones". I believe, to the credit of the College, several students were to be found among the volunteer workers who devoted much time and attention to relieving to some extent the hardships of the strikers' families 5. The vicissitudes of the Home Rule struggle continued to excite our interests. The formation of the Ulster Volunteers, the "covenant", the activities of Carson, "Galloper" Smith, and the rest, the threats of revolution and civil war, all afforded topics for lively discussion. The next outstanding event in my memory, however, is the formation of the Irish Volunteers at the meetings in the Rotunda on Tuesday, November 25th, 1913. I cannot now recall to mind any of the circumstances leading to the meetings. I do remember that some hundred or more students formed up in Stephen's Green and marched to the Rotunda. We succeeded as early arrivals in securing admission to the Rotunda Rink, where the principal meeting was held. Others less fortunate had to be content with one or other of the overflow meetings held in the Rotunda itself and in the gardens. I confess that I have retained no clear recollection of anything said by the speakers among whom was my brother, Michael. I cannot now recall, if I ever knew, how he came to be a speaker. I presume he was invited by the organising committee by reason of his name, on account of his prominence in College affairs, and in a desire to have the younger generation represented. The one thing that does stand out in my memory is the pandemonium which broke loose when Laurence Kettle commenced to read the Volunteer Manifesto. Members of the Transport Union and their supporters were present in force and, for some reason connected with the strike, were determined not to allow Kettle a hearing. Shouts, yells, cat-calls, interspersed with explosions, greeted his appearance and continued without cessation until he sat down, having completed the reading of the manifesto not one word 6. of which could be heard. At respectful hearing was given to all the other speakers, but the proceedings generally were anything but Impressive. I have recently re-read some of the contemporary press reports of the speeches at the meeting. As reported, they are not arresting. There is little likely to strike the imagination or linger in the memory, and much that was said was rather vague and mystifying. My brother's speech was certainly not the least puzzling. It was deprecatory to a marked extent and indicated a definite lack of enthusiasm for the project of forming a Volunteer force.